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AN ACT
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relating to the regulation of poultry facilities and poultry litter |
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by the State Soil and Water Conservation Board and to the |
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enforcement authority of the Texas Commission on Environmental |
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Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.068 to read as follows: |
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Sec. 382.068. POULTRY FACILITY ODOR; RESPONSE TO |
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COMPLAINTS. (a) In this section, "poultry facility" and "poultry |
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litter" have the meanings assigned by Section 26.301, Water Code. |
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(b) The commission shall respond and investigate not later |
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than 18 hours after receiving: |
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(1) a second complaint against a poultry facility |
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concerning odor associated with: |
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(A) the facility; or |
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(B) the application of poultry litter to land by |
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the poultry facility; or |
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(2) a complaint concerning odor from a poultry |
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facility at which the commission has substantiated odor nuisance |
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conditions in the previous 12 months. |
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(c) If after the investigation the commission determines |
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that a poultry facility is violating the terms of its air quality |
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authorization or is creating a nuisance, the commission shall issue |
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a notice of violation. |
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(d) The commission by rule or order shall require the owner |
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or operator of a poultry facility for which the commission has |
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issued three notices of violation under this section during a |
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12-month period to enter into a comprehensive compliance agreement |
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with the commission. The compliance agreement must include an odor |
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control plan that the executive director determines is sufficient |
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to control odors. |
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(e) The owner or operator of a new poultry facility shall |
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complete a poultry facility training course on the prevention of |
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poultry facility odor nuisances from the poultry science unit of |
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the Texas AgriLife Extension Service not later than the 90th day |
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after the date the facility first accepts poultry to raise. The |
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owner or operator of a new poultry facility shall maintain records |
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of the training and make the records available to the commission for |
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inspection. |
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(f) The poultry science unit of the Texas AgriLife Extension |
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Service may charge an owner or operator of a poultry facility a |
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training fee to offset the direct cost of providing the training. |
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SECTION 2. Section 26.302, Water Code, is amended by adding |
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Subsections (b-2) and (b-3) to read as follows: |
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(b-2) The State Soil and Water Conservation Board in |
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consultation with the Texas Commission on Environmental Quality by |
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rule shall establish criteria to determine the geographic, |
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seasonal, and agronomic factors that the board will consider to |
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determine whether a persistent nuisance odor condition is likely to |
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occur when assessing the siting and construction of new poultry |
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facilities. |
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(b-3) The State Soil and Water Conservation Board may not |
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certify a water quality management plan for a poultry facility |
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located less than one-half of one mile from a business, off-site |
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permanently inhabited residence, or place of worship if the |
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presence of the facility is likely to create a persistent odor |
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nuisance for such neighbors, unless the poultry facility provides |
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an odor control plan the executive director determines is |
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sufficient to control odors. This subsection does not apply to: |
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(1) a revision of a previously certified and existing |
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water quality management plan unless the revision is necessary |
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because of an increase in poultry production of greater than 50 |
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percent than the amount included in the existing certified water |
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quality management plan for the facility; or |
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(2) any poultry facility located more than one-half of |
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one mile from a surrounding business, permanently inhabited |
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off-site residence, or place of worship established before the date |
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of construction of the poultry facility. |
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SECTION 3. Subchapter H, Chapter 26, Water Code, is amended |
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by adding Sections 26.304 and 26.305 to read as follows: |
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Sec. 26.304. RECORDS OF SALE, PURCHASE, TRANSFER, OR |
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APPLICATION OF POULTRY LITTER. (a) A poultry facility that sells |
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or transfers poultry litter for off-site application must maintain |
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until the second anniversary of the date of sale or transfer a |
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record regarding: |
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(1) the identity of the purchaser or applicator; |
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(2) the physical destination of the poultry litter |
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identified by the purchaser or transferee; |
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(3) the date the poultry litter was removed from the |
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poultry facility; and |
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(4) the number of tons of poultry litter removed. |
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(b) A person that purchases or obtains poultry litter for |
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land application must maintain until the second anniversary of the |
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date of application a signed and dated proof of delivery document |
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for every load of poultry litter applied to land. The landowner or |
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the owner's tenant or agent shall note on the document the date or |
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dates on which the poultry litter was applied to land. |
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(c) Subsection (b) does not apply to poultry litter that is: |
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(1) taken to a composting facility; |
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(2) used as a bio-fuel; |
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(3) used in a bio-gasification process; or |
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(4) otherwise beneficially used without being applied |
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to land. |
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Sec. 26.305. INSPECTION OF RECORDS. The commission may |
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inspect any record required to be maintained under this subchapter. |
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SECTION 4. Section 5.1175, Water Code, is amended to read as |
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follows: |
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Sec. 5.1175. PAYMENT OF PENALTY BY INSTALLMENT. (a) The |
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commission by rule may [shall] allow a person who [small business
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that] owes a monetary civil or administrative penalty imposed for a |
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violation of law within the commission's jurisdiction or for a |
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violation of a license, permit, or order issued or rule adopted by |
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the commission to pay the penalty in periodic installments. The |
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rule must provide a procedure for a person [qualified small
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business] to apply for permission to pay the penalty over time. |
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(b) [The rule must classify small businesses by their net
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annual receipts and number of employees. A business that is a
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wholly owned subsidiary of a corporation may not qualify as a small
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business under this section.
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[(c)] The rule may vary the period over which the penalty |
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may be paid or the amount of the periodic installments according to |
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the amount of the penalty owed and the size of the business that |
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owes the penalty. The period over which the penalty may be paid may |
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not exceed 36 [12] months. |
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SECTION 5. Section 7.002, Water Code, is amended to read as |
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follows: |
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Sec. 7.002. ENFORCEMENT AUTHORITY. The commission may |
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initiate an action under this chapter to enforce provisions of this |
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code and the Health and Safety Code within the commission's |
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jurisdiction as provided by Section 5.013 of this code and rules |
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adopted under those provisions. The commission or the executive |
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director may institute legal proceedings to compel compliance with |
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the relevant provisions of this code and the Health and Safety Code |
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and rules, orders, permits, or other decisions of the commission. |
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The commission may delegate to the executive director the authority |
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to issue an administrative order, including an administrative order |
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that assesses penalties or orders corrective measures, to ensure |
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compliance with the provisions of this code and the Health and |
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Safety Code within the commission's jurisdiction as provided by |
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Section 5.013 of this code and rules adopted under those |
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provisions. |
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SECTION 6. Subsection (h), Section 26.0135, Water Code, is |
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amended to read as follows: |
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(h) The commission shall apportion, assess, and recover the |
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reasonable costs of administering the water quality management |
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programs under this section [from users of water and wastewater
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permit holders in the watershed according to the records of the
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commission generally in proportion to their right, through permit
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or contract, to use water from and discharge wastewater in the
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watershed]. Irrigation water rights, non-priority hydroelectric |
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rights of a water right holder that owns or operates privately owned |
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facilities that collectively have a capacity of less than two |
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megawatts, and water rights held in the Texas Water Trust for terms |
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of at least 20 years will not be subject to this assessment. The |
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cost to river authorities and others to conduct water quality |
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monitoring and assessment shall be subject to prior review and |
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approval by the commission as to methods of allocation and total |
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amount to be recovered. The commission shall adopt rules to |
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supervise and implement the water quality monitoring, assessment, |
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and associated costs. The rules shall ensure that water users and |
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wastewater dischargers do not pay excessive amounts, [that program
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funds are equitably apportioned among basins,] that a river |
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authority may recover no more than the actual costs of |
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administering the water quality management programs called for in |
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this section, and that no municipality shall be assessed cost for |
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any efforts that duplicate water quality management activities |
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described in Section 26.177. [The rules concerning the
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apportionment and assessment of reasonable costs shall provide for
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a recovery of not more than $5,000,000 annually. Costs recovered by
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the commission are to be deposited to the credit of the water
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resource management account and may be used only to accomplish the
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purposes of this section. The commission may apply not more than 10
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percent of the costs recovered annually toward the commission's
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overhead costs for the administration of this section and the
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implementation of regional water quality assessments. The
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commission, with the assistance and input of each river authority,
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shall file a written report accounting for the costs recovered
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under this section with the governor, the lieutenant governor, and
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the speaker of the house of representatives on or before December 1
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of each even-numbered year.] |
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SECTION 7. The change in law made by Subsection (e), Section |
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382.068, Health and Safety Code, as added by this Act, applies only |
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to an owner or operator of a poultry facility the construction of |
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which begins on or after the effective date of this Act. An owner or |
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operator of a poultry facility the construction of which began |
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before the effective date of this Act is governed by the law in |
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effect at the time the construction of the facility began, and the |
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former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1693 passed the Senate on |
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April 24, 2009, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendments on May 30, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1693 passed the House, with |
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amendments, on May 26, 2009, by the following vote: Yeas 145, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |